Rohit Kumar ChoudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 41145 of 2026
                     Arising Out of PS. Case No.-456 Year-2022 Thana- GOPALPUR District- Bhagalpur
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                 Rohit Kumar Choudhary S/o Awdesh Kumar Choudhary @ Avdesh
                 Choudhary R/o Village - Tetri, P.S - Naugachia, District - Bhagalpur
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Yadav
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                   Heard the parties.

                                  2. Defects as pointed out by the office be ignored for

                   the present.

                                   3. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Gopalpur (Rangra)

                   P.S. Case No. 456/2022 registered for the offences punishable

                   under Section 30 (a) of the Bihar Prohibition and Excise Act.

                                   4. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 195.120 litres of IMFL/country made liquor.

                                   5. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner implicated with the present

                   recovery of illicit liquor only for the reason as he is the owner of

                   the tempo from where illicit liquor was alleged to be recovered. It
               Patna High Court CR. MISC. No. 41145 of 2026(2) dt.23-06-2026
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                         is further submitted that tempo is a public carrier and easily

                         accessible by general public. It is submitted that recovery is not

                         made from conscious physical possession of the petitioner, who is

                         a man of clean antecedent.

                                      6. Learned APP, opposes the prayer for bail.

                                      7. In view of aforesaid facts and circumstances as

                         mentioned above as recovery of illicit liquor prima-facie not

                         appears to be made from the conscious physical possession of

                         this petitioner, accordingly the petitioner above named, in the

                         event of his arrest or surrender before the learned trial court

                         within a period of four weeks, is directed to be released on bail,

                         furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         the learned Additional Sessions Judge-IX, Bhagalpur/concerned

                         trial court where the case is pending in connection with Gopalpur

                         (Rangra) P.S. Case No. 456/2022 subject to the conditions as

                         laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of

                         the BNSS.


                                                (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T